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By adminiftrator of husband, whofe former wife was executrix, 326. Scire facias in detinue for value against executor, Pl. Gen. 188. Scire facias by three executors; to the return, one executor and defendant appear; fcire facias to two execu:ors; ad fequend. &c. dies datus to one executor and defendant, Off. Br. 328. Entry of cire facias ad fequend. together againft executor. Judgment by default and capias, and exegi facias against defendant, Ibid. 330. By defendant on executor's release to judgment obtained by teftator, whereon defendant is outlawed by executor after judgment, and rendered himself to the fleet, Ibid. 329.

gainst executor for damages recovered. 1. Bro. 326. Against executor to confefs or deny difcharge and release, Off. Br. 340.

Scire facias against executor for damages recovered againft teftator, defendant fays nothing in his hands beyond to fatisfy of recognizance by teftator, Off.. Br. 341.

By two executors, one plaintiff ferjeant at law is made a judge and a knight, the other dead, Off. Br. 338.

Plea in abatement, that teftator made another executor, who is not named in the writ, and issue, Off. Br. 347.

Scire facias by affignees on a flatute of bankruptcy against executor on a judgment in debt recovered by the bankrupt again teftator where devaftavit is returned against executor on fire facias, lbid. 215.

Plea by executor, recognizance in bar of execution, Bro. Met. 365.

Scire facias by administrator of T. S. to have execution on a jugment in C. B. for debt and damages. Plea, that within the year after judgment, and after twentyfour pounds, &c. was levied by virtue of a teftatum heri facias, and return that there were no other goods. W. was taken by a cațias ad fatisfaciendum, ard on habeas corpus committed to the Fleet, and the warden voluntarily permitted him to efcape. Per curiam, plea bad, 2. Lur. 1264.

Scire facias on judgment in ejectment brought by plaintiff against them, who entered after the death of defendant without naming the executors. Demurrer, and judgment for plaintiff, 2. Lut. 1267.

Scire facias against executor of one B. Pica, that a commiffion of bankruptcy iffued' against B. in time of Car. 2. and after his death another, which is yet pending. Judgment for plaintiff, for that it was not fhewn that B. was indebted, &c, 2. Lut. 1273.

Plea in abatement, that teftator made another executor not named in the writ, Off.

Br. 347.

Entry of feire facias by exec or after judgment, and judgment by default, Off.
Br. 319. Judgment againit executor by default, Ibid. 322.

Scire facies against adminiftrator on a judgment against him when he should have
affets. Plea, pere adminiftrarit on the day of the writ purchafed. Replication,
that the adminiftrator had affets, 2. San. 219. 220.

Scire facias fieri et inquirendum brought againit adminiftrator, and devaftavit re-
turned on plea, tha he hath not wafted the goods of inteftate, 1. San. 303. 306.
Scire facias against executor upon a judgment recovered against teftator in debt,
Mo. Int. 372.

Entry of feire facias by adminiftrator de bonis non by executor, and judgment by
default, Clif. 678. Against executor of adminiftrator on a judgment against
adminiftrator, Ibid. 679. To have poffeffion in ejectment, Ibid. 683. For da-
mages in eje&ment against adminiftratrix, Ibid, 680.
Entry on fire facias, return nihil against adminiftratrix, who took hufband, Cl.
A. 470. Againft executors after two nibils returned, defendant appears by
attorney, pleads nul tiel record, 1. Inft. Cl. 147.
ment recovered in the lifetime of teftator, Ibid. 155. In trefpafs on the cafe for
Against executor on a judg-

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feveral promises, and affumpfit for damages, Cl. Man. 38. After the year and a day against two when one died, Ibid 39.

Entry of faire facias by executor in debt where one renounced, Off. Br. 303. 324. Entry of feire facias against an executor quare executionem non de bonis propriis after devaftavit returned on a fieri facias against two executors, Off. Br. 334

Scire facias against an executor upon a judgment against him in debt, Mo. Int.

372.

Devaftavit and nibil returned by sheriff made to scire facias, Off. Br. 260.

Scire facias by an attorney againft an executor, who prays imparlance, Off. Br. 261.

By executor on a recovery for damages in dower, and two nihils returned, Off. Br. 262. By adminiftrator, for refidue, Ibid. 265. Scire facias againft executor to have execution de bonis propriis on inquifition, that he had wafted teftator's goods; imparlance, and non informatus, Co. Ent. 270, Moile, 109. On devaftavit returned by the fheriff, 2. Br. 120. Moile, 118. 146. Br. 227. By executor against executor on devaftarit returned in life of plaintiff's teftator, 3. Br 364. On a fieri facias against A. and B. executor, heriff returns nulla bona, but that B wafted. Scire facias, and judgment against him thereupon, Moile, 131. Scire facias against executor of E. on a judgment against E. as adminiftrator in debt Br. 251. By executor against adminiftrator, on a judginent obtained by adminiftrator durante minori ætate of executor againft inteftate in debt, Br. 282. Against executor, to whofe hands teftator's goods came after verdict on plene adminiftravit, Br. 267. Against dean and chapter, bishoprick being vacant, to whofe hands the goods of inteftate came, Br. 256. Scire facias by adminstrator against tenant. Imparlance, and further imparlance; oyer of writ and return. Plea in abatement, that defendant was seised of other lands than in the return mentioned. Replication, no other terre-te ant or other land, 1bo. Ent. 281. Traverfing that defendant was feised, &c. Demurrer. Appearance by plaintiff and defendant to writ of fi. fa. inquirendum of wafte, and sei. fa. and vicecomes non mifit breve. Plea, plene adminiftravit, and issue, The. 289. Entry of a writ of fei. fa, inquirendum and fei.fa. Plea to alias jei. fa. fince devaf tavit returned, and iffue on the traverse, Ibid. 290. Entry of return of a writ of fei. fa. inquirendum, devaftavit, and ca. fa. Itid.

By an executor against defendant in debt, and sheriff, where the fheriff on a fi. fa. took a leafe for years made to defendant, which remained unfold for want of buyers, Br. 2 5:

Award on judgment to have execution of damages by an executor, Ra. Ent. 72. Seire facias againft executor of defendant in partition of lands demised for years, Br. 263. Againft executors as to damages, and another who entered into the lands to take poffeflion, Br. 253.

By adminiftrator durante minori ætate of executor against cognizor of a ftatute merchant, where cognizee died after extent awarded, Moile, 163. By executor of lands extended on a ftatute merchant, and liberati to teftator, where another by another ftatute afterwards extended the fame lands, and now holds them, Reg. Jud. 62. By adminiftrator against terre-tenants after infufficient return of extent on statute merchant, 3. Br. 308.

Against executor, for arrears of an annuity, Br. 267.

ON JUDGMENT BY EXECUTOR.

Scire facias by executor on judgment obtained by teftator, Ra. 326. Vet. Int, 10. Br. 236. Co. Ent. 218. By adminiftrator on judgment obtained by inteftate, Br. 252. By furviving adminiftrator, Meile, 118. By husband and wife executrix, execu tion awarded by default, Br. 244.

By

By adminiftrator of L, A. and R. on a judgment obtained by L. and A. executors of R. in debt, 238. By ad ninistrator against mafter and cappellanos of an hofpital on judgment in debt obtained by inteftate against predeceffors, Co. Ent. 618. Judgment by husband and wife, executor in debt. Wife died, baron took to wife P. and died. Sci. fa. by P. administratrix as well of goods of teftator as of husband and wife, executrix, 2. Br. 115.

Scire facias againft executor for debt and damages recovered against him, Off. Br. 264. Entry of jci.fa. by P G. J. P. and other executors in debt, at the return P. G. and others make default, J. P. appears, fummons to fue together, and alias fci f. awarded, fheriffs' return to fummons, default made, and execution against defendant by default is adjudged to J. P. alone, Off. Br. 269.

By executor against the wife on a judgment in account against husband and wife, Off.

Br. 270,

Judgment in ejectment, fci. fa against executors of defendant and the occupier of the lands, to have execution the judgment for damages and poffeffion. Demurrer to fei fa. Les. Ent. 162. Off. Br. 320. Mo. Int. 365.

Seire facias against administrator on a judgment in debt against prior adminiftrator, Off. Br. 272 Againft executors for the value, 271. and damages, 310.

Scire facias against adminiftrator for arrears of rent annuity as well before as after judgment, 272 In annuity, where defendant, after judgment, is knighted, 326. For arrears of an annuity, 340.

Scire facias against executor to have execution de bonis propriis on an inquifition returned by Theriff that he had wafted teftator's goods, Off. Br. 272.

Scire facias on a devastavit found, defendant pleads fully administered, traverses the devaftavit, and iffue thereon, Lev. Ent. 165.

Entry, fei fa. and inquiry, appearance, return nulla bona. Sci. fa. on the return. Plaintiff avers no devaftavit, and prays execution. Defendant peads plene admini ftravit; plaintiff replies affets, and iffue thereon, Clif. 663.

Stire facias and inquiry directed to the chancellor of the dutchy against administrator, 665. Alias jei fa after feire feci inquirendum, and nibil returned, and devaftavit against the wife, Ibid. 666.

Alias fe fa. after fe. fi. and enquiry and devaftavit returned by the inquifition, and nihil returned by executor against an executor. Sci. fi inq. against an executor, 669. Return mandari halivo; anfwer by bailiff. Scire ft. of damages, by sheriff nul a bona elongavit, and fold, &c. fci. fa. ing. and fei. fa. 670.

Against baron and feme executrix in debt by executrix, where the husbands of plaintiff and defendant died after judgment obtained, Off. Br. 272. Judgment by default on fei. fa. in account, 273. By an executor, 304.

Entry fei. fa. in debt by adminiftrator durante minori ætate of executor, on a judg ment obtained by teftator against defendant, who appears and imparls, judgment af terwards by non fum informa:us, Off. Br. 274. Han. 244. Sci. fa. against adminiftrator on a judgment against inteftate on recognizance in C. B. Off. Br. 282. By executor against executor on judgment in debt, 283. Bro. Met. 341. Judgment by default against adminiftrator for damages in cafe after two nibils returned, Off Br. 283. Mo. Int. 120. Sci. fa. againit executor, Han. 237. Against an executor upon a devaftavit returned against him upon a fi. fa. against two executors, Bro. Met. 354. Against administrator, 368. Han. 236. 243. Against administrator for devaftavit of goods of executor after debt recovered, Off Br, 340, After a fi. fa. on a judgment by default aga nft executor of goods of teftator, and return of nulla bona, alleding a devaftavit; writ of enquiry iffued to fheriff, return of devaftavit; fci. fa. awarded de honis propriis, Off. Br. 284.

Judgment by default by adminiftrator on judgment obtained by inteftate, and elegit awarded, 285. 318. Si. fa. thereon, 287.

Scire facias by executor against executor, for parcel of the debt and damages, Off. Br. 287. By adminiftrater on judgment for damages in case obtained by teftator,

287. In debt against adminiftrator, Ibid. Judgment by default, 288.

Scire facias by admin:ftator against executor, to have execution de bonis propriis on inquifition of devaftavit, goods of teftator returned by flieriff, and entry thereof, Off. Br. 288.

Scire facias and enquiry against executor, alledging a devaftavit of goods of teftator, and sheriffs' return in London.

Seire feci and inquifition taken before them, and devaftavit found, Off. Br. 291. Scire facias in partition against executors of defendant, who died poffeffed of two parts of a term of years, whereof judgment of partition fhould be made, Off. Br. 296. By an attorney against administrator durante minori ætate of executor, where it is alledged that goods came to his hands after judgment on plene adminiftravit and affets found to part. Sci. fe. returned, and after fpecial imparlance pleads that goods did not come to his hands after judgment, 2. Bro. 131.

Alias fci. fa. by executor on judgment obtained by teftator. Plea, that teftator fued defendant, and a. a. directed to fheriff of N. who took defendant, and afterwards by plaintiff's confent permitted him to efcape. Replication, protesting no ca. Ja. iffued. Pleads, that sheriff did not take, &c. hy virtue thereof, Off. Br. 300.

Scire facias by administrator on a recovery in debt against a terre tenant after death of principal debtor, Pl. Gen. 191.

Seire facias by adminiftratrix, who had married the husband of an executr x, Bro.Met. 360.

Executor pleads in bar a recognizance by defendant to the queen, Off. Br. 302. Plea, that teftator acknowledged a recognizance to the queen, beyond which no affets, and plea adjudged bad, 302. Piene adminiftravit generally on a fci. fa. held bad, Ibid. Plea ipecial to fci. fa. against administrator of piene adminiftravit, Ibid. Scire facias against the ordinary, to whofe hands goods of the deceafed came, Of. Br. 304. 1. Bro. 325. Against the dean and chapter of York, feat of archbishop being vacant, Off. Br. 304.

Against executor, terant in dower, for damages recovered in waste, Bro. Met. 358. and judgment by nil dicit, Off.Br. 321.

Scire facios by administrator durante minori ætate against widow on a judgment obtain-. ed against her and late husband by prior adminiftr tor, whofe adminiitration was revoked, Moile, 125. Sci fa. by A. and B. executors, at the return thereof A. makes default. Sci. fa to fue together, &c. Ra. 326. 2. Br. 116. Like fei fa. at the return thereof, A. and defendant make default, judgment by default thereon against defendant. Ca. Ja. and fi. fa. to A. to fuc together. Severance there. upon, Br. 260. 2. Br. 116. Co. Ent. 618.

Seire facias against administrator to have execution of inteftate's goods which came. to his hands after judgment on plene aominiftravit, and affets found to part. Plea thereto, that goods did not come to his hands after the judgment, 2. Br. 131. Against adminiftrator, on a judgment again't him in debt to have execu tion de bonis propriis, alledging a a v stavit, Ka. 326. Vet. Int. 200. Moile, 109. Against executor of executor, alledging a vafiavit by prior executor. Flea, non devaftavit, 2. B. 136.

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Seire facias on enquiry of goods wafted by executor. Plea, pene adminisiravit in payment of debts, and did not wafte. Demurrer, Moil, 110. 2. Br. 136.

BY AND AGAINST EXECUTORS, &C.

Plea to fei. fa. by executor, general release, Moile, 131.

Plea by executor to fei. fa. that plaintiff took teftator by ca. fa. in London. Replication, protesting no fuch writ; for plea, was not taken by fuch, Ab. 420.

Plea in abatement to fi. fa. against A. and B. widow, administratrix; that A. took

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B to wife, which plaintiff confeffes leave to amend, Ra. 326. That plaintiff is not executor, and issue, 295. Plea to fci fa. against esecutor, that teftator died in execution. Demurrer, Co. Ent. 619. (Againit administrator), another adminiftrator not named in the writ, Moie, 1. Againit A. and B. executors on a judgment obtained in an inferior court. A. makes default, B. pleads that he had not notice of the fuit in the inferior court, and that he was never executor. Demurrer, Ra. 327. A. makes default, and judgment against him. Plea by B. ne unques, &c. Judgment for plaintiff, Ra. Plea to fi. fa. against executor, that teftator was bound in a debt to the king, and defendant hath not affets ultra, &c. 2. Br. 136. By administrator, that inteftate was bound to the king in two recognizances, whereon an extent issued out of the dutchy court of Lancaster, and were executed, and that inteftate was indebted to the king in forty pounds for iffues of land received by him, and that he had not affets in his hands to fatisfy the forty pounds. tion, that he hath affets ultra, &c. Co. Ent. 617. Againit executor of E. that E. Replicadied inteftate, and defendant adminiftered only forty fhillings, about his funeral. Replication that he hath goods to the value of the debt in his hands. Verdict for part of the debt only, Moile, 102.

IV. SCIRE FACIAS TO REPEAL LETTERS PATENT

Memorial to his majefty for a feire facias to repeal letters patent,

Warrant for feire facias to repeal letters patent; attorney ge.. neral's fiat,

Scire facias to revoke letters patent granted of the office of Someriet herald. Recital of the letters patent. Affign ment of breach of duty in non-attendance. Teftatum fieri facias,

PRECEDENTS in Books of PRACTICE, REPORTERS, &c.

2. R. Pr. C. B. 391 Ibid. 393

Ibid. 395. 398

V. SCIRE FACIAS ON PARTICULAR STATUTES.

VOL. IX.

Page

512. Plea to fcire facias on ftatute 33. Hen. 8. (for relanding

goods after they had been shipped before they had
arrived at the place mentioned in the bond), that
the goods were not relanded, which they can prove
by the certificate of two perfons living at the place.

Scire facias in audita querela on the statute in B. R.

PRECEDENTS in BOOKS of PRACTICE, REPORTERS, &c.

Lill. Ent. 648.

Scire facias on 8. and 9. W. 3. Clif. 680. Where plaintiff after judgment took husband, Ibid. 681. Bro. Vad. 598. For damages recovered for the plaintiff's not profecuting his writ in debt, Bro. Met. 357.

VI. SCIRE

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